Farmers Suing State of Nebraska File Written Arguments in Major Brief

June 23, 2015
By
Domina Law Group

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Farmers suing the State of Nebraska for taking their 2013 irrigation water
filed their written arguments in a major Brief today.

The farmers, located in the Republican River Basin contend the State caused
water available for their use, and subject to their surface water priority
use or rights, to be held back from them, though there was ample water
available in the streams of the Basin for surface water irrigators to
get the water they needed.

The case,
Hill et al v State, Furnas County District Court No CI14-68, is a class action on behalf of
surface water irrigators who uses waters from the Frenchman Cambridge
Irrigation District. The south central Nebraska producers claim that water
within Nebraska's allotment under the Republican River Compact, and
actually in the stream and tributaries of the Republican River, and subject
to capture for surface water irrigation under the law, was ordered withheld.
The farmers suffered crop failures as a result.

Nebraska admits the water was not used for Compact compliance, but claims
it had the right to withhold the water over the objections of farmers
with priority water use rights.
Dave Domina explained that the Nebraska farmers who filed the suit make a much more
basic argument than the State recognizes. Domina says “Our clients
do not dispute the States right to take the water just like it can take
land for a highway, but the State must pay just compensation for what
it takes.”

The case will be decided under principles of eminent domain and property
owner rights under state and federal constitutions, and water law concerns.

The battle between surface water irrigators and the State of Nebraska will
return to Court for a major hearing on July 2, 2015. The hearing, which
will be held at the Courthouse in Lexington NE, will begin at 9:00 am.

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